EXECUTIVE ORDER D-23-01

WHEREAS, on January 17, 2001, I proclaimed a State of Emergency to exist due to the energy shortage in the State of California; and

WHEREAS, there is a high probability that the electricity supply shortage will continue to cause rolling blackouts throughout California, affecting millions of Californians; and

WHEREAS, all reasonable conservation, allocation, and service restriction measures will not alleviate this energy supply emergency; and

WHEREAS, this energy supply emergency poses a threat to public health, safety, and welfare and requires that generating facilities located in California are effectively and appropriately maintained and efficiently operated;

NOW, THEREFORE, I, GRAY DAVIS, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and the statutes of the State of California, do hereby issue this order to become effective immediately:

IT IS ORDERED that the Independent System Operator shall:

Require generators to submit planned outage schedules to the Independent System Operator.

Maintain records of any unplanned generation facility outages and to provide those records daily to the Electricity Oversight Board.

Conduct independent audits of generation facilities that have fallen below performance benchmarks established by the Independent System Operator.

Consider seeking the authority under state law or federal regulation to impose fines on those generation facility owners whose generation facilities have fallen below performance benchmarks established by the Independent System Operator.

IT IS FURTHER ORDERED that the Electricity Oversight Board shall review the Independent System Operator Tariffs and Protocols, in consultation with the Independent System Operator, to identify any necessary revisions to increase the Independent System Operator's ability to ensure adequate availability of generation during periods of peak demand.

IT IS FURTHER ORDERED that the five-member independent governing board of the Independent System Operator shall ensure that all the aforementioned provisions of this order are executed and the Independent System Operator tariffs and protocols are so revised, based on recommendations from the Electricity Oversight Board, and shall make the necessary filings with the Federal Energy Regulatory Commission to implement these revisions.IT IS FURTHER ORDERED that the California Public Utilities Commission shall ensure that generation facilities still owned by utilities subject to its jurisdiction are operated by the persons or corporations who own or control them in a manner that assures their availability to maintain the reliability of the electric supply system by issuing such orders and directives as it deems necessary and appropriate, after a hearing.

IT IS FURTHER ORDERED that the Electricity Oversight Board shall propose emergency legislation to expand its authority to issue audits of generation facilities that do not meet established benchmarks for availability and performance, and issue fines against those plants, after a hearing.

The activities herein are authorized to be carried out pursuant to the Emergency Services Act, Government Code Sections 8550 et seq.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.